An insider's view of what is really happening in the Harris County Criminal Courts

Thursday, March 1, 2012

The Primary Is Officially Set

The Houston Chronicle is reporting that we finally have an official date of May 29th for the primary election in Texas. I can't say that I've been following the debacle over re-districting all that closely over the past couple of months, but I do feel that I can speak authority in saying that it was all jacked up.

Additionally, the filing deadline for elected positions has been extended from now until March 9th.

I'm not a politician, but I've heard varying opinions over whether a late primary helps or hurts incumbents. I have no idea what the correct theory is, but I do know that now more than ever, it is time to get out the word on who to vote for.

A ton of love for Brad Hart! He was my first chief and one of the most stand up guys I've ever met in my life. I just listed the contested races to emphasize how important it was to get out there and vote.

And I will be writing about Guiney. However, writing about Shadwick is difficult. She has bounced around to so many jobs and been so, um, notorious, I've just got to find the time to sit down and cover it all!

"We are eager to show the public all the evidence in this case." - Patricia R. Lykos (2/1/12)

"The Harris County District Attorney’s Office has long been eager to share what we know with the public. Now that the grand jury’s proceedings have ended, we will be responding—vigorously.

In the days to come, our website—HarrisCountyDA.com—will feature a new section devoted to setting the record straight." (source: www.harriscountyda.com).

Ms. Lykos:

For a while, we have wondered whether there was something wrong with your internet connection or website. We are so relieved there isn't. We know this becasue every time Mr. Jolly posts something about you on his website, it is immediately posted on your website. It's oddly strange how that works.

New idea: Perhaps Mr. Jolly should post the evidence first so that you can then link to it from your site. We look forward to seeing it.

I think 9:36 is tongue in cheek (no double pun intended). Wasn't it candidate for judge Ben Levi back in the day who was caught in a jail broom closet w/ pants unzipped w/ female client just before the election ? Hence play on words of "bought" honor ?

DEBATE btw Mike Anderson / Pat Lykos last night in Clear Lake : Lasted 40 minutes - Mike was impressive and won the debate if judged by audience reaction. Mike made best point of evening when pointed out DIVERT results in an inability to show a jury the prior DWI if a successful graduate of DIVERT happens to offend again after 2 yrs passes. In other words if a DIVERT graduate even 1 day after 2 yrs passes drives drunk and kills somebody, the jury in the new case will have no way of knowing about the prior DWI. There were gasps of amazement from the audience when that was pointed out by Mike. Also pointed out was that about 1/3 of DIVERT defendants are removed from the program after entry and after being deemed qualified and screened. Lykos spoke of low recidivism rates only for the 2/3 of those remaining in the program. Lykos touted her "new" programs such as Animal Cruelty. She failed to mention that program was initiated by past DA administrations but not with a name on it. Mike concentrated on his experience as a prosecutor having tried many felony jury trials as opposed to Lykos who never was a prosecutor. Lykos said she tried several civil cases, some in family court. Mike said he had a passion to protect victims and stop the bad guys while Lykos concentrated more on social programs she says do the same thing.

Barr, Shadwick were no-shows. The word is Shadwick knows KGuiney is beating her butt, oh wait a minute, Shadwick was back at the office working overtime on some of those appellate blockbusters for which she is so famous.

Heard Kristin was stellar; Shadwick might be finally learning that lesson. Lana is well advised to stay late working, as well as working thru lunch, on the appellate briefs

Did everyone hear about the Clear Lake Republicans @ Bay Oaks Country Clubs' Candidiates' Forum which was held last night? Both Mike Anderson and Pat Lykos attended. Some highlights for your enjoyment:

Someone who appeared to me to be highly Hooper-esque asked Mike, "You are against DIVERT, but your wife is a criminal defense attorney, so I guess she likes it..." To which Mike Anderson replied, "Well, my wife has never taken the 5th.." KABOOM !

An attendee asked Pat Lykos why she approved a plea in the case of Randy Sylvester, who killed his kids and burned their bodies....?" To which Pat Lykos had NO reply ! There goes that tough Pat Lykos pleading down a death eligible capital case again, and even worse, she probably doesn't even remember the case now.

Pat Lykos, again, made the false statement that she did not seek HPOU's endorsement. To which Mike Anderson was rightly compelled to respond, "Now that's just a lie.." Terrific job, Mike! Thank you for not letting her get away with that one.

Wonder if she will ever stick her neck out at one of these gatherings again. Mike is always there : )

Whether Patsy decides to stick her neck out and lie in the future, she is on the record for having claimed she never asked HPOU for their endorsement. Attendees from HPOU reported that she did ask them to endorse her and then asked, "Please don't ruin my day" (by announcing a no-confidence vote).

Mike is right that she is a liar just like Big Jolly was right about her being a liar and a gutter politician. Mike needs to bring these discrepancies up in every public form she appears at and call her hand.

Although somewhat off the track, hearty congratulations are due the HCDAO and particularly neophyte prosecutor Lykos on the first successful, and most significantly, legal DWI prosecution in the annals of Harris Couty judicial history as ostensibly reported on KTRH radio today. Since the prior 794,623+ DWI convictions (who is counting)in Harris County, it is rumored, were secured without the assistance of BAT van/DPS evidence or Lykos' trial expertise, motions for new trial and/or expungement will be probably filed in these cases by the HCDAO on 3/5/12 to remedy the "culture of corruption" of the prior administrations.Calvin A. Hartmann

It appears by all the information coming in your days are number in the HCDAO. Patsy, are you going to retire or go back to work at the County Attorney's Office? Jim, are you going to become part of the PDs Office? Hannah, are you going to follow Patsy back to CAO? Joni, will you be headed to a constable's office or back to being a baliff? Roger, being the smartest of the bunch, we know you are back as judge.

December will be well worth it this year. Watching each of those cleaning out offices they should have never been in. The world as we knew it will be back on its axis.

I don’t know Mr. David Jennings (Big Jolly), but I have a sense that he isn’t a mean guy and I think he is probably even a nice guy. I know previous posters have commented on these articles and I don’t want to pick on Mr. Jennings by highlighting them again. I do want to make a point – about the public’s ability to TRUST our elected DA, Pat Lykos. Mr. Jennings should take credit where it is due. He called it RIGHT over the course of one year – from March 2008 to March 2009:

In March 2008, he described DA Lykos as a “Gutter” politician:

http://davidjennings.us/dj-says/politics/242-gutter-politics.html/

In March 2009, he dubbed her “Lyin Patty Lykos.”

http://davidjennings.us/dj-says/politics.html?start=27

According to a previous post, Judge Mike Anderson plainly called her out (That’s a lie.) at the recent Clearlake debate - when she AGAIN stated that she DID NOT seek HPOU’s endorsement.

There is the infamous “I know nothing of that…[errrrr]…I certainly didn’t authorize it” bizarre and obvious lie [and quintessentially guilty eye downturn shift] when Ted Oberg asked her about investigating the grand jury. The whole grand jury cursory internet investigation inquiry can be the subject of a whole post – just focusing on those fateful words here:

http://abclocal.go.com/ktrk/story?section=news/local&id=8529243

As an aside, the very best article on the web about THAT and an awesome summary of the BAT Van mess is here – the writer, Alex Wukman, actual uses the word “Watergatey” [lesson for those who don’t pay attention to history: It is the cover-up that gets ‘em.]:

And the BAT VANS – again another whole article for someone else. But, ABC13’s Ted Oberg has a well-researched timeline that you should check out – more lies about when our DA knew about the problems. She says she didn’t know until July 2011, but Rachel Palmer sent her a detailed email in April 2011:

http://abclocal.go.com/ktrk/feature?section=news/local&id=8527380

http://abclocal.go.com/ktrk/story?section=news/in_focus&id=8542367

We have the whole grant writing and political consultant subterfuge. A previous poster asked why the office doesn’t hire a real journalist. They did – a couple of them – good ones – Bill Murphy and George Flynn. Didn’t work out so well. Real journalists insist on performing the time-consuming and inconvenient task of “checking facts.” That doesn’t work out so well when what you REALLY need is a “reputation manager” - who can also write grants on the side.

So – these are just a few things that I’m noticing – a regular guy who isn’t involved in politics, sitting on my porch, drinking coffee, and searching the internet. It is that EASY to spot the lies.

The solution: Tell the truth. You don’t have to explain it and you don’t have to remember it. And, in this case, the truth might set someone free: DA Pat Lykos

Many voters, thinking it's too late for their vote to count in the presidential primary, will stay home. That will help incumbents on the local level.

Better really get that vote out if you want Anderson to have a chance.

His quips about "social programs" are troubling to me. I don't like many things about Lykos, but at least she is working on alternatives that reduce overcrowding and don't ruin peoples' lives because of one stupid mistake.

This is not a comment on the more serious crimes. She may not be prosecuting those hard enough.

And she is evidently as comfortable prosecuting with faulty evidence as Holmes and Rosenthal were, but I'm sure Anderson would be too, so there's no real choice here.

All indicators on this Blog and at Republican candidate events look very promising for Mike. However, I have NO DOUBT even Mike would say: "Thank You all so much for your enthusiasm, but QUIT TALKING ABOUT PUNISHMENT BEFORE WE GET A GUILTY!"

Other than posting here, what have you done from an activist standpoint to get OTHER people to vote as you are?

We forget that much of this is still inside baseball and that this Blog is ground zero - home -base. To the rest of the voters in Harris County, they don't know the truth either way.

Sure there will be a barrage of commercials leading up to the Primary which is THIS SUMMER!!!!What are you (the most loyal supporters) doing right now to get your politically ignorant neighbor or friends to even register to vote and then exercise that right?

This is a marathon, not a sprint. If you want Mike Anderson to WIN - start your personal voter "tree" like an Amway multi-level marketing approach. This will be the concrete base from which commercials etc. can build on to get to the so / so interested voters. Seriously, who FEELS like voting anytime - especially in the lazy, hazy days of summer, after a holiday weekend? For some they view voting as jury duty.

Unlikely, but a token third party opponent could jump in to skew the vote. What Rage says has some merit. Bottom line: Be ever vigilant and get busy getting those vacationers registered to vote, and making sure they vote early! Remember what Winston Churchill said during the German Blitz of London: "Never give up. Never give up. Never give up".

However, to only blog and NOT ACT - you are NOT swaying one voter but rather preaching to the choir. Sure some others may read this blog, but I'm talking about more than this. Don't assume, stop celebrating prematurely and start DOING.

To do otherwise is only engaging in mental cathartic masturbation! Stop talking all giddy about the DAY AFTER like some sophomore at their first Homecoming dance!

Now that the Primary is set in stone - GET SERIOUS! GET MAD! GET MOVING! If you take this personal in a negative way – then good! What are you going to do about it?

1:06....took the words right out of my mouth, thanks for posting that.

8:40, I sure wish the ADAs working in there right now knew that this is how it is supposed to be, not everyone tells the truth, and sometimes they are believing the wrong side, seek JUSTICE not a win for your resume!

Rage,With a small amount of research you would have discovered that Mike volunteered his time to preside over one of the drug courts while serving as a district court judge. As administrative judge he spearheaded the creation of the veteran's court and the mental health court. If you spent 5 minutes talking to Mike you would quickly realize that he is a man of integrity, and if a case cannot be proven BRD, it will not be prosecuted in his administration. Justice often times means dismissing a case and Mike is committed to justice, not statistics, not winning at all costs, not glory, but justice. If you doubt that, talk to him, talk to a veteran Houston police officer, talk to lawyers he's worked with...they'll all give you the same response.

A family member of mine went through the justice system here in Harris county. I've seen what a joke the Harris county DA's office is. This persons case should have never seen inside a court room. So my families gift to all you ADA's is another four years of Lycos. I know it petty, but I can't help how I feel.

Here are some examples of 1) DA Pat Lykos giving completely different statements on IMPORTANT issues and 2) her propensity to deny responsibility and drop others in the grease. This is regarding the issue of law enforcement doing science. When it fits her designs, she says they are the best solution for DWI testing [i.e. scientific testing] and when it doesn’t they don’t. If you spend some time googling her name and searching for issues, you will too see it is quite easy to notice this PATTERN of behavior.

12/13/11 – Law Enforcement SHOULD Be Doing Science

Lykos Quote 12/13/11 abc13: "I have no idea what this grand jury is doing. I can tell you the DPS is this state's premiere law enforcement agency," said Lykos

This was her quote regarding switching the DWI testing from Lone Star College (a non-law enforcement agency) to the DPS. She should have taken a cue from Judge Emmett who said "Don’t have any comment.”

This was the day that Harris County Officials - County Judge Ed Emmett and Harris County Commissioners El Franco Lee and Steve Radack - testified in the Grand Jury probe of the DA’s Office. [Curious what they think of DA Pat Lykos after that]

12/13/12 – Law Enforcement SHOULD Be Doing Science

Lykos Press Release 12/13/12: "We have been very concerned about outsourcing to non-law enforcement entities and the problems created by personnel turnover. This results in needless resetting of court cases, impacting inmates awaiting trial, witnesses, and law enforcement. The DA’s Office recommended the breath alcohol testing services contract with DPS. The decision, of course, and the negotiations belonged to Harris County Commissioners Court and the Harris County Purchasing Office.”

DA Pat Lykos released this statement the same day that Harris County Officials County Judge Ed Emmett and Harris County Commissioners El Franco Lee and Steve Radack testified in the Grand Jury probe of her office. So, she says they don’t like using non-law enforcement agencies – AND – she also takes this opportunity to say that she only “recommended” this change, but it wasn’t her responsibility which agency was chosen. [Note to anyone close to DA Pat Lykos – she will drop you in the grease and RUN.]

01/10/12 – Law Enforcement SHOULD NOT be Doing Science

Lykos – Interview KUHF 01/10/12: "Scientists should be running laboratories, law enforcement should not. No police chief should have to make a decision on whether you put units on the street, or you put money in lab, and so, it's vital. And it also gives the appearance of impropriety when law enforcement controls science."

Even though many people had ALREADY been working on the new Forensic Science Center for several years, Lykos honed in on the glory by appearing at Commissioner’s Court to urge “fast-tracking” the project. KUHF also had an interview with the county judge - Emmett - he indicated they were already working on this project and implied they didn't need to be urged.

01/25/12 – Law Enforcement SHOULD be Doing Science – 475,000 Reasons

01/25/12 – abc13 - DA Pat Lykos gave HPD $475,000 for DWI testing equipment – and dodges journalist Ted Oberg’s questions by resorting to platitudes, instead of honestly and plainly answering specific questions. DA Lykos: "What we're saying is don't drive drunk. No more victims." When Oberg continued to press her for specifics, she denied responsibility and dodged, “I will certainly acknowledge there are special interests who have demagogued this issue, who have smeared the Houston Police Department and our office -- and that these have been unfair attacks."

Anon 10:03, good for him. He seems to be campaigning against all other diversion programs now, and in any event all I said was that his campaign rhetoric was troubling. Never denied he hasn't done some things worth mentioning.

As far as dismissing cases that can't be proven, however, this state is full of prosecutors who say that exact same thing. Prosecutors with names like Sebesta, Rosenthal, Bradley, and Holmes. Prosecutors whose cases have been overturned and defendants who have been exonerated, often due to withheld evidence, but usually due to the use of faulty evidence. Every one of those prosecutors would swear until their dying day that they did nothing wrong and that they convicted the right guy.

You see, if all they do is push cases they think they can convict, they will push an alarmingly high percentage of cases. It's easy to get a conviction. Prosecutors use jail house snitches with the worst felonies on their record, and juries believe them because they testified for the state. They use things like dog-scent line-ups, or faulty BAT van evidence, that they know is junk science, yet they "know" they've got the right guy. They don't turn over exculpatory evidence because it doesn't make sense to them, or they don't see how it's possible based on what they "know" of the case, or they've had a different witness say something else or an expert explain it differently, so the evidence "really isn't" exculpatory.

Every one of those prosecutors would claim to be as stand-up as you say Anderson is. And I hope you're right. I don't think DIVERT is "technically" legal, but neither is it a social program. I hope Anderson, if elected, is "different". I'm not voting for him, but neither am I voting for Lykos, so at least we can agree on that. Until the next (hopefully) DA shows a willingness to abide by what we now know to be the better way to do things where evidence is concerned, they are all suspect.

There is a good "piece" in the recent Houston Press about how Roady (D.A. Galveston) handled an Intoxicated manslaughter case. Bottom line: He and Donna sat down in a conference room, heard the defense out and the case was dismissed. Common Sense approach! Good Job!

8:41, that sounds amazing, I wish the HC ADAs going after my family member would at least sit down and speak with the defendant before judging them and insisting they need to be put away. There are two sides to every story and thats where common sense comes in to guide you. I guess common sense isn't a prerequisite for being a DA here.

To anon 8:41 :I agree - Jack is doing a great job in Galveston and too bad Lykos and Bridgewater caused Harris County to lose Donna Goode (one of the best prosecutors ever).That Intox Mansl article in Houston Press is Feb 2-8, 2012 written by gifted journalist and writer George Flynn.

About Me

I'm a Criminal Defense Attorney and a former Harris County prosecutor. I've been involved in Criminal Law since I was in college, and I've been practicing in Houston for over 15 years.
Most people never have to come down to the Harris County Criminal Justice Center unless they have jury duty. This blog is meant to give the Outsider an inside view.
These are just my opinions. The opinions of the Commenters are also just their opinions and I don't endorse them. But (within reason), I want everybody to be able to have a forum to say what they want to say.